The First Steps in Car Accident Litigation

If the insurance company is refusing to give you the amount of money you need for your injuries, our tenacious lawyers will draft an official demand letter. This will outline all your financial damages such as medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

Then the judge or jury will take a call. If they rule in your favor they will award you damages and the defendant must pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is essential to receive compensation for your losses and injuries. The first step in the litigation process is to gather evidence. This includes photos, documents witness testimony, official reports, like police reports and other official reports.

Photographs of the scene of the accident could help your attorney establish what actually transpired during the accident, including the position of both cars after collision, skid marks, road debris and other evidence that is physical. Also, note the names and contact numbers of any witnesses who were present at what happened. Witnesses that testify to support your account of events is important, especially since it can be common for drivers to have conflicting reports of what happened, which can lead to insurance companies refusing to accept the claim or deny any responsibility at all.

Medical records can also be utilized by your lawyer in order to prove the severity of your injuries. These records could include bills, receipts laboratory results, diagnosis reports, discharge instructions, and other documents. You should get these records as soon as you can and give copies to your healthcare professionals.

A deposition is yet another type of evidence your lawyer may utilize. It is a non-in court testimony under oath, which is then transcribing by a Court Reporter. The lawyer can use the testimony to establish that your injuries have a direct and foreseeable connection to the accident which can help justify compensation for your damages. The majority of the evidence mentioned above can be obtained at the scene of the accident or shortly afterwards but some of it may not be available until much later in the litigation. This is why it's important to talk to a reputable car accident lawsuit lawyer as quickly as possible so that they can begin the investigation as evidence is in its purest form.

2. Filing a Complaint

When the dust has cleared and you've taken care of your injuries, it's the time to seek out legal counsel from an expert. A car accident lawyer can provide you with the knowledge to maximize your compensation.

The first step is filing a complaint with the court. It will describe your specific claims as well as the amount you want to recover in damages. This form is usually prepared by an attorney, and filed in the court. It is also served on the defendant.

This also triggers the discovery phase which allows both parties to exchange information and evidence pertaining to their claims and defenses. The process can be long and requires both teams to review many documents, including police reports, witness statements and medical records, as well as bills and much more. Each side may demand interrogatories. They are a series of questions that the other party must answer under oath by a predetermined deadline.

During this stage, you lawyer will also collaborate with medical professionals to obtain an accurate picture of your injuries and the impact that they've had on your life. Your attorney will then calculate the total damages you have suffered that include the past and future medical costs loss of earnings, suffering and pain and much more.

Sometimes, your lawyer may be able to reach an agreement with the responsible driver's insurance company. This is more likely to happen following discovery, but before trial. If the insurance company refuses to provide a fair settlement or if you've suffered significant damages that are not covered by the insurance policy, the case may go to trial. A jury or judge will decide the case on the basis of all evidence.

3. Discovery

Discovery is a crucial phase in any car accident case. This is the time when your attorney and negligent insurer of the driver exchange information that can support or damage your claim. Your attorney will ask for copies of documents to support your case. This includes police reports medical bills, as well as work loss records from your employer (showing the length of time you've missed due to the accident) photos of your vehicle as well as any injuries or damages and financial information. Your attorney will also make use of written discovery tools, such as interrogatories, requests for production and requests for admissions to question witnesses and other parties who are not part of the case.

These written discovery tools are exchanged back and forth between the attorneys on both sides. They give the opposing side a chance to respond to questions in writing, which have to be answered under oath, and to provide copies of specific documents or other information which could be beneficial to your case.

Your Long Island car accident attorney will also question witnesses and any other person with information about your injuries or damages which could be essential to your case. In a deposition, the at-fault party's lawyer will ask you various questions, and your responses will be recorded on video or transcribing by a court reporter.

The goal of these pre-trial investigation procedures is to enable your lawyer to construct an argument that is persuasive and strong to the responsible party and their insurance company so that you can secure an equitable and fair settlement for your losses, injuries and expenses. There is no assurance of a settlement in every case however the majority of cases will settle during or following the investigation process, which usually completed prior to the trial.

4. Trial

Although the majority of car accident cases are resolved through informal negotiations If you and the insurance company are not in agreement about who is to blame or how much compensation you should receive for your injuries, your case could be heard in a trial. A trial is a formal process that involves both sides presenting arguments and evidence to a factfinder, who issues a decision that settles the dispute. In personal injury cases, the factfinder is usually a jury.

During the trial, your lawyer will present your version of events in opening statements to the jury, together with any evidence you have, such as images or videos of the accident scene, witness testimony from bystanders and medical professionals, as well as documents such as medical bills and police reports. You can also testify regarding your memory of the incident, and how it affected your life. Expert witnesses can also testify to support your claims. The lawyer of the defendant may interrogate witnesses and object to the admissibility of evidence.

The jury will decide in the trial if the plaintiff's injury was caused by the defendant's reckless behavior. They will be examining proximate causes which is a tangled legal concept that lawyers spend many hours studying during law school. Proximate causes considers how close the connection is between the defendant's actions and the plaintiff's injuries.

A jury is also required to determine how much damages you will be awarded. This is a thorny issue depending on how severe your injuries are and the severity of your losses. Your lawyer will present evidence that includes expert witness testimony on the severity of your injuries, your loss of income and future earnings potential, as well as your suffering and pain disfigurement, impairment, and pain.

5. Settlement

Every state has a deadline within which you can settle your claim, or even file a lawsuit. This is referred to as the statutes of limitations. If your lawyer cannot negotiate a settlement with the insurer, you may have to bring a lawsuit to court. It is costly and time-consuming. However, it is often required to seek compensation.

During this procedure the Long Island personal injury lawyer will participate in discovery (a formal procedure in which parties exchange information with the other side) and also attend hearings. Your lawyer will also file legal documents referred to as motions to ask the court for things like the exclusion of certain types of evidence at trial. Settlement negotiations can go on throughout the entire process, and many civil disputes in car accidents settle before a trial is required to be held.

Insurance companies are more likely to make fair settlement offers if they believe your claim for injury is solid and you'll be willing to take the case to trial. Settlement is faster and less risky than a court trial.

It is vital to fully understand the extent of your injuries prior to agreeing to an agreement. You must also have completed all medical treatment. If you sign a settlement before your doctor has determined that you have reached your maximum medical improvement (MMI) and you are not able to miss out on additional compensation. It is also important not to sign a release before you have spoken with your lawyer about your injuries. Your lawyer will make sure that you don't lose out on valuable compensation. They will carefully examine your medical records and other documentation to make sure that you receive the entire amount of damages for which you are eligible.